Berlin, June 6, 2026 – The Berlin Späti Association, led by Alper Baba, has announced its intention to initiate a referendum on whether late-night shops, known as Spätis, should be permitted to open on Sundays. This move aims to resolve the long-standing issue surrounding Sunday trading regulations, which currently prohibit most Spätis from operating on the busiest day of the week.
Spätis: A Berlin Staple Facing Legal Hurdles
Spätis are an integral part of Berlin’s vibrant street culture, providing essential convenience items and a social hub for residents and tourists alike. However, under the Berlin Shop Opening Law (Ladenöffnungsgesetz), these shops are legally restricted from opening on Sundays. Despite this, many Späti owners exploit various loopholes, primarily related to the type of products sold or the furniture in their establishments, to remain open. For those unable to navigate these complexities, the temptation to open anyway and risk fines is high, as Sundays typically generate the highest revenue due to supermarkets being closed.
According to Alper Baba, this convoluted regulatory environment has taken a significant toll on the Späti landscape. He claims that the number of family-run Spätis in Berlin has dwindled from 2,000 to 1,200 in recent years, largely due to increased pressure and enforcement from authorities. Baba believes that a public vote is necessary to give Berliners a voice in this matter and to create a more equitable and sustainable operating environment for Späti owners.
Referendum Process and Potential Challenges
In an interview with Radioeins, Baba outlined the association’s plan to hold a referendum to amend the Ladenöffnungsgesetz. While the exact timeline for the campaign remains undecided, the process for initiating a referendum in Berlin is clearly defined and presents considerable challenges.
To qualify for a referendum, campaigners must first gather petition signatures from at least 7 percent of the city’s eligible voters, which translates to approximately 170,000 people, within a strict four-month period. If this initial hurdle is cleared, a full referendum can be held. For the referendum to be successful, at least a quarter of eligible voters must cast their ballots, and a majority must approve the proposed change. Even if these conditions are met, the final decision to implement the new rules rests with the Senate, which is not legally obligated to act on the referendum’s outcome.
Another layer of complexity arises from German labor law, which mandates higher pay for employees working on Sundays and public holidays. To circumvent this, Baba suggests that on Sundays, only Späti owners themselves would operate their stores, thereby avoiding additional labor costs and legal complications related to employee compensation.
The Broader Impact on Berlin’s Retail Landscape
The debate over Sunday openings for Spätis reflects a larger discussion about retail regulations and urban living in Berlin. Proponents of Sunday openings argue that it would not only support small businesses and provide greater convenience for residents but also enhance the city’s unique character. Opponents, often including larger retailers and labor unions, typically cite concerns about fair competition, worker exploitation, and the importance of Sunday as a day of rest.
The outcome of this potential referendum could set a precedent for other retail sectors in Berlin and potentially influence similar debates in other German cities. It highlights the ongoing tension between traditional retail laws and the evolving demands of modern urban lifestyles.
The Berlin Späti Association’s initiative underscores the significant role these small businesses play in the city’s social and economic fabric. By seeking a direct mandate from the public, Baba hopes to secure a future where Spätis can legally and openly serve their communities seven days a week, without the constant threat of fines or the need for legal workarounds.
